A defendant shall be punished by a fine of 500,000 won.

When the defendant does not pay the above fine, 100,000 won.

Punishment of the crime

The defendant is a personal constructor who resides in Sipocheon-si and employs three full-time workers and engages in construction business without a trade name and office.

When a worker dies or retires, the employer shall pay the wages, compensations, and other money or valuables within fourteen days after the cause for such payment occurred.

Nevertheless, from October 13, 2013 to October 18, 2013, the Defendant did not pay KRW 1710,000,000,000,000 as wages of October 75, 2013, F’s wages of October 2013, and wages of October 3, 2013, within 14 days from each retirement date on which the grounds for payment occurred, without agreement between the parties on the extension of the payment date.

Summary of Evidence

1. Statement by the defendant in court;

1. Details of fact-finding, such as the petition for preparation of E, the statement protocol to E, telephone, etc.;

1. Application of Acts and subordinate statutes to inquire about criminal history;

1. Article 109 (1) of the relevant Act concerning facts constituting an offense, Article 109 of the Labor Standards Act concerning the selection of punishment, and the selection of fines;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The grounds for sentencing of Article 334(1) of the Criminal Procedure Act for the order of provisional payment are as follows: (a) the defendant is aware of all the criminal facts of this case and reflects his mistake; and (b) the defendant seems to have caused the crime of this case by failing to receive construction payment from the owner; and (c) some of the circumstances leading to the crime of this case exist; and (d) the fact that there is no past record of criminal punishment is recognized as normal conditions favorable to the defendant.

On the other hand, each of the crimes in this case, which did not pay wages to the workers who should be paid the most preferentially, is not less than the nature of the crime in light of the content and method of the crime, and the legislative intent of the Labor Standards Act, and does not pay wages to the workers until now.